Morrison v. Morrison

Order unanimously reversed on the law with costs and petition granted, in accordance with the following memorandum: Family Court erred in concluding that it could not make an award of support to a wife against a husband who is institutionalized and receiving Medicaid. Respondent husband’s Social Security income is available to support his wife, the petitioner herein, in these circumstances (Matter of Albany County Dept, of Social Servs. v Englehardt, 124 AD2d 140, Iv denied 69 NY2d 612; Matter of Septuagenarian v Septuagenarian, 126 Mise 2d 699). Since the facts have been stipulated by the…